XV. REMEDY
[61] Having found liability, I turn to the question of remedy, which dominated much of
the hearing.
[62] The Complainant has asked for $10,000 under paragraph 53(2)(e) of the CHRA to
compensate him for the pain and suffering he experienced, plus interest. Counsel directed
me to my decision as Chair of the Ontario Human Rights Board of Inquiry in a case
dealing with denial of equal treatment and services to persons with disabilities attempting
to go to the movies. In that case, Turnbull, supra, I awarded damages for loss arising out
of the infringement to the complainants, varying from $8,000-10,000. Counsel says
voting is as important as or more so than going to the movies. Also, Mr. Hughes had to
endure the indignity on two occasions. Counsel for EC suggests a more appropriate range
is $2,500-5,000. I award Mr. Hughes $10,000 under paragraph 53(2)(e). I consider the
following to be relevant:
(1) voting is one of the most sacred rights of citizenship and that includes the right to do so in an
accessible context;
(2) the violation of Mr. Hughes' rights occurred in two separate elections within a 7-month
period; and
(3) EC also infringed his right to a competent and prompt investigation and handling of his
verbal and written complaints.
[63] I also award interest on the above amount, pursuant to rule 9(12) of the Tribunal's Rules of
Procedure and subsection 53(4) of the CHRA.
Systemic Remedies
[64] Counsel for the Complainant and CCD urge me to make extensive systemic
remedies. They say that there were many errors and by more than one individual, they
were system wide and not a simple, isolated error.
[65] EC does not agree that there is a systemic problem here and consequently, no such
type of orders should be made. Given EC's apology to Mr. Hughes at the hearing via Mr.
Roussel's testimony and its promise not to use St. Basil's Church again, there is no need
for such orders, says EC.
[66] EC's counsel also points to a series of emails among counsel where Commission
counsel indicated that he did not think "this file gives rise to systemic remedies." He also
wrote notwithstanding, that the Commission would be willing to monitor any systemic
remedy ordered by the Tribunal: "The Commission will always participate in systemic
remedies, especially if the Tribunal asks for our involvement." I appreciate the
Commission's willingness to monitor any systemic remedy that I may grant.
[67] I wish to add that EC, through Mr. Roussel's testimony and its counsel's closing
argument, has consented, in whole or in part, to many of the systemic "future practices"
orders requested by the Complainant and CCD. 15 I acknowledge the candour and cooperative approach that EC showed with regard to the question of remedy.
2010 CHRT 4 (CanLII)
Compensation and Interest